Wanchoo, C.J.—This is a revision under sec. 115 of the Code of Civil Procedure by Naru and arises in the following circumstances:—

2. Naru filed a suit against his adoptive mother and three sets of defendants. So far as the first two sets of defendants were concerned, he prayed for possession of certain properties which had been alienated by his adoptive mother. So far as the third set of defendants Nos. 6, 7 and 8 was concerned, he prayed for possession for house said to have been sold to these three defendants. The case of these three defendants, however was that the house in question belonged to them and had been mortgaged by their ancestors to the ancestors of the plaintiff and all that these defendants had done was to redeem the house.

3. The suit went on against the three sets of defendants and when it was about to come to an end, an application was made on the 21st May 1954 by the plaintiff for permission to withdraw the suit against defendants Nos. 6, 7 and 8 with liberty to file a separate suit. It was said on his behalf that he had made a mistake in treating this property, which had been mortagaged in the family as the property of the family and there was, therefore, compli

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